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Report No. 149

Section 166:

5. In section 166:

(i) the following Explanation may be inserted at the end of sub-section (1):

"Explanation.-(1) For the purposes of this section, the expression 'legal representative', in relation to a person dying in an accident, means-

(a) the wife or husband or former wife or former husband of the deceased;

(b) any parent or other ascendant of the deceased;

(c) any child (including a step child or illegitimate child) or other descendant of the deceased;

(d) a widowed daughter-in-law, or the widow of a deceased brother, of the deceased;

(e) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

(2) For the purposes of clause (1), "child" includes a child in the womb afterwards born alive, a step child, an adopted child as well as a person to whom the deceased stood in loco parentis; and "parent" includes a step parent, either adoptive parent and either of the persons who stood in loco parentis to the deceased.1

(3) In deducing any relationship for the purpose of this explanation-

(a) any relationship by affinity shall be treated as a relationship by consanguinity, any relation of half blood as a relationship of whole blood and the step child of any person as his child; and

(b) any illegitimate person shall be treated as the legitimate child of his mother and reputed father."2

(Para 6.5)

For the main clause of sub-section (2), substitute the following:

"(2) Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred or the area in which the applicant or any of the respondents resides, carries on business or works for gain, at the option of the applicant and shall be in such form and shall contain such particulars as may be prescribed."

(Para 7.1)

(iii) In the proviso to sub-section (3), the words and punctuation "but not later than twelve months", shall be omitted.

(Para 8.5)

1. Provision Corresponding to section 1(4) of the English Act is not include here for the reasons explained in para. 5.7 of the 111th Report.

2. This definition departs in some respects from, but consolidates, the definitions spread over the section 2 and 4(3) of the draft Bill appended to the 111th Report.



Removing certain deficiencies in the Motor Vehicles Act, 1988 Back




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